Capital: Kathmandu

See collective bargaining agreement
is hindered by non respect for the laws regulating it.
29 Forced Labour (1930) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2011
Background
29 Forced Labour (1930) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Kathmandu

reported violations- 2011
Trade union rights in law
See Guide to the ITUC international trade union rights framework is established in both the interim Constitution of 2007 and the Labour Act, but non-nationals may not be elected as trade union officials. The thresholds for union formation as well as for the creation of federations and confederations are excessively high, and a maximum of four unions are allowed per enterprise. Workers, including civil servants, have the right to join a union and to bargain collectively, and the latter right has also been extended to federations and confederations. However, the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is limited, and the government may stop a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike or suspend a trade union’s activities if the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike disturbs the peace or is deemed to adversely affect the interests of the nation. Also, to call a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , 60% of the union’s membership must agree on the action in a secret ballot, and the union must announce the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike at least 30 days in advance. Strikes are banned for workers in charge of security or surveillance teams in a company and for workers in “essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
”, which are broadly defined to include sectors such as banking and hotels.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by a Labour Code.
- >The right to freedom of association is regulated by law.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
Although the 1992 Trade Union act prohibits anti-union discrimination in respect of employment, there is still a need for more explicit provisions in law to protect workers against anti-union discrimination.
Restrictions
Legal barriers to the establishment of organizations:
- >Excessive representativity or minimum number of members required for the establishment of a union
- At enterprise level, the formation of a union requires 25% of the workforce and a minimum of ten people.
Restrictions on workers' right to form and join organizations of their own choosing:
- >Single trade union system imposed by law and/or a system banning or limiting organising at a certain level (enterprise, industry and/or sector, regional and/or territorial, national)
- A maximum of four unions are allowed per enterprise.
- >Restrictions on trade unions' right to establish branches, federation and confederation or to affiliate with national and international organisations
- Trade union federations can be formed through the association of 50 company unions, or of 5,000 individuals working in enterprises of the same nature. A confederation requires ten federations to join together, of which six must be from the formal economy. In the informal economy, 500 people in similar work are required in order to create a federation, whilst in agriculture a minimum of 5,000 workers are needed, covering at least 20 districts and with at least 100 people from each district.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Armed forces
- >Police
- >Non-national or migrant workers
- Non-Nepalese can be members of a union. However, only Nepalese nationals can be elected as trade union officials.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is enshrined in the Constitution.
- >The right to collective bargaining is recognised by law.
A 2007 verdict by the Supreme Court confirmed that the right to collective bargaining was not restricted to company unions but also applied to federations and confederations.
Right to strike
Principles
Right to strike:
- >The right to strike is regulated by a Labour Code.
Restrictions
Legal barriers to lawful strike actions:
- >Obligation to observe an excessive quorum or to obtain an excessive majority in a ballot to call a strike
- A strike can be held, but only following a secret ballot of 60% of the union's membership.
- >Excessively long prior notice / cooling-off period
- A union must give at least 30 days' notice before going on strike.
Undue interference by authorities or employers during the course of a strike:
- >Authorities' or employers''' power to unilaterally prohibit, limit, suspend or cease a strike action
- The government may stop a strike or suspend a trade union's activities if it disturbs the peace or is deemed to adversely affect the economic interests of the nation.
Limitations or ban on strikes in certain sectors:
- >Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
- Legislation denies the right to strike to employees providing essential services. In recent years, the government has used that legislation to ban strikes in many sectors, including banking, telecommunications, electricity, water supply, road, air and sea transport, the print industry, the government, press, and hotels and restaurants.
- >Other limitations (e.g. in EPZs)
- A worker in charge of security or surveillance teams in a company is not allowed to start a strike.
29 Forced Labour (1930) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Kathmandu

reported violations - 2011
In practice
See collective bargaining agreement
agents is fraught with irregularities. Neither the employers nor the government officials in charge of labour matters take the action needed to ensure respect for the legal procedures. Worker inexperience and employer reluctance are among the many obstacles to the holding of collective negotiations. As a result, less than 10% of formal economy workers exercise their collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
rights.
29 Forced Labour (1930) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Kathmandu

reported violations - 2011
Violations
Members of the ITUC-affiliated organisations continued to face relentless threats and a number of attacks at the hands of members of the Maoist trade union ANFTU (All Nepal Federation of Trade Unions) or the Young Communist League, a branch of the Maoist party. The leaders of the ANFTU union centre recognised they have some difficulty controlling their members on the ground, but have expressed their will to evolve toward a peaceful trade union movement.
The General Federation of Nepalese Trade Unions (GEFONT) reported, for example, that during the second week of April, Singh Lama, president of its affiliate in the textile sector, was attacked by Maoist trade unionists over his union’s refusal to take part in a Maoist party activity. On 21 April, members of the Maoist union vandalised the office of the NICIWU (Nepal Independent Chemical Iron Workers’ Union) affiliated to GEFONT. On 6 May, during the general strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, armed Maoists stormed the Gorkha district office of another GEFONT affiliate, the ITWA (Independent Transport Workers’ Association), leaving behind a trail of damage. In November, two GEFONT members were dismissed by the management at the Hyatt Kathmandu hotel under pressure from the Maoist union following their refusal to join their organisation. GEFONT took this case to court and secured the reinstatement of its members in December.
The NTUC-I (Nepal Trade Union Congress - Independent) also reported several cases of violence and intimidation by Maoists. The president of its union at the Hyatt Kathmandu hotel, Rajendra Khadga, was forced to become a member of the Maoist union or lose his job. Bipin Sahi, president of the NTUC-I affiliated union at the Radisson hotel in Kathmandu suffered the same fate. Ram Bahu Sah, a member of the NTUC-I at the Triveni Simpex factory in Birgunj was also threatened by Maoist trade unionists when formulating demands on behalf of the workers. The NTUC-I also reported an attack by Maoist trade unionists against several of its members who were taking part, on 10 October, in a trade union activity held by its affiliate, NTHCRWU (Nepal Tourism, Hotel, Casino and Restaurant Workers’ Union), at the Himalaya hotel in Lalitpur. Several trade union leaders had to be hospitalised following this assault. A social event held by the union affiliated to the NTUC-I at the Yak and Yeti hotel in Kathmandu was disrupted by members of the Maoist trade union movement.
See collective bargaining agreement
rights. Over 20 teachers’ organisations have been formed since 2006, weakening the trade union movement.
29 Forced Labour (1930) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Kathmandu

reported violations - 2011
29 Forced Labour (1930) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Kathmandu



